Court : Allahabad
Reported in : AIR1927All684
..... the principle underlying the objection has been approved by an english decision under lord campbell's act (which is practically the same as the indian act). ..... no authority, one way or the other, has been cited but the act empowers the civil courtto give such damages as it may think proportionate to the loss resulting from such death to the party for whom and for whose benefit the action shall be brought.these words ..... the suit is for damages under the fatal accidents act (13 of 1855). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All85
..... the scope of the corresponding provisions of the english fatal accidents acts has been discussed by the house of lords in davies v. ..... this was a case where three persons died as a result of collapse of a clock tower situated in the main bazar of chandni chowk, delhi belonging to the appellant after referring to section 1 of the fatal accidents act 1855, their lordships opined :' this section is in substance a reproduction of the english fatal accidents acts 9 and 10 vict. ch. ..... 93, known as the lord campbells acts. ..... monagle, 1969 acc cj 312 the house of lords applied the same multiplier system as in the case of davies v. ..... the motor accidents claims tribunal, dehradun, allowed the petition of the claimants under section 110-a of the motor vehicles act, 1939, partly and awarded a sum of rs. ..... 50,000/- is liable to be paid by the insurance company in view of the provisions of section 95 of the act the balance amount of rs. ..... 617 of the report lord wright has stated the legal position as follows: - - ' it is a hard matter of pounds, shillings and pence, subject to the element of reasonable future probabilities. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC68
..... the scope of the corresponding provisions of the english fatal accidents acts has been discussed by the house of lords in davies v. ..... their lordships opined :this section is in substance a reproduction of the english fatal accidents acts 9 and 10 vict. ch. ..... 93, known as the lord campbell's acts. ..... monagle 1969 acj 312 the house of lords applied the same multiplier system as in the case of davis v. ..... the motor accidents claims tribunal, dehradun, allowed the petition of the claimants under section 110-a of the motor vehicles act, 1939, partly and awarded a sum of rs. ..... 617 of the report lord wright has stated the legal position as follows:it is a hard matter of pounds, shillings and pence, subject to the element of reasonable future probabilities. ..... this was a case where three persons died as a result of collapse of a clock tower situated in the main bazar of chandni chowk, delhi belonging to the appellant, after referring to section 1 of the fatal accidents act, 1855. ..... 50,000/- is liable to be paid by the insurance company in view of the provisions of section 95 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All205
..... of 'lord campbell's act' (6 and ..... --whereas the indian law constitutes the 'making' of a libel an offence distinct from the 'publishing,' the english law has not as yet made this distinction, but treats the 'making' as an attempt to commit, or as an abetment ..... now, in the first place, without considering it necessary to refer to the english authorities, i take it that, according to both the english and the indian law, communication of libellous matter to the complainant only is not ..... the language of explanation 4, for instance, is practically the same as that used in the english text books to describe the cases in which an action will lie without; laying special damage ..... provision corresponds precisely with those cases in which, under the english law, defamatory matter published to the prosecutor alone would ..... vansittart and the petitioner, that, after it had been written in english, the petitioner helped to translate it, and himself sent it by post to basawan singh, i am of opinion that the petitioner committed the offence described in t 499 of the indian penal code, both by ..... to the party libelled was a sufficient publication to support an indictment the english and american law upon the point seems to be settled. ..... so far as criminal indictments are concerned, the rule of english law as to publication seems to be similar to that in civil cases, but subject to an important proviso, namely, that where defamatory matter has been communicated to the prosecutor only, and it is established .....
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.477
..... he fails to attend proceedings in chambers, and the judge does not think it expedient to proceed; where he fails to file an affidavit which has been used in the proceedings; where, on an account being taken in chambers, he acts unreasonably in adjourning items to the judge; where the trial of the action cannot proceed owing to his neglect to attend or send a representative, or to deliver any papers necessary for the use of the court which according to ..... . the disciplinary jurisdiction was conferred on the high courts whose powers in that behalf are defined in section 4 which enacts that 'the high court is hereby authorised and required, within six months after this act shall take effect in the territories in which such court exercises jurisdiction, to make rules for the qualification, admission and enrolment of proper persons to be pleaders and mukhtars of the courts in such territories, for ..... language of the statement is inadmissible, but even without referring to that statement, we have not the least hesitation to say that the bar councils act was never intended to and did not itself take away any inherent jurisdiction to punish for contempt of inferior courts that might be possessed by ..... this court did not apply the english common law but acted according to justice, equity ..... lord campbell in ..... 1349; and the observations of lord justice kay in the case of in re grey ..... 651 and lord justice turner ..... 3, lord esher said: 'it was suggested that there are ..... lord ..... as lord justice cowen .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
..... fails to attend proceedings in chambers, and the judge does not think it expedient to proceed; where he fails to file an affidavit which has been used in the proceedings; where, on an account being taken in chambers, he acts unreasonably in adjourning items to the judge; where the trial of the action cannot proceed owing to his neglect to attend or send a representative, or to deliver any papers necessary for the use of the court which according ..... . the disciplinary jurisdiction was conferred on the high courts whose powers in that behalf are defined in section 4, which enacts that:the high court is hereby authorized and required, within six months after this act shall take effect in the territories in which such court exercises jurisdiction, to make rules for the qualification, admission and enrolment of proper persons to be pleaders and mukhtars of the courts in such ..... does not consider prohibition of the use of such memorandum or breviate to be included in the prohibition of the use of the debates of other proceedings which may be properly described as proceedings in the passing of an act for the reasons we have given, we do not think that the interpretation which has been placed on the decision of their lordships in administrator general of bengal v ..... court did not apply the english common law but acted according to justice, ..... lord campbell ..... 1349: and the observations of lord justice kay in the case in ..... and lord justice ..... 444 lord esher said: 'it was suggested that ..... lord ..... lord .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All246
..... injurious affection, and i think i am doing no injustice to the argument of the learned senior government pleader, when i say that although there is a slight distinction in the language of the english land clauses act in the section relating to injurious affection as compared with the language of s 23, sub-section (4), of the land acquisition act of this country, ha felt that he could not successfully contend as a matter of law that the principle-laid down in the case of essex v. ..... the second contention is that the court was barred from taking such damage into consideration by reason of the third clause of section 24 of the act, which precludes the consideration of any damage sustained by the person interested in the land which, if caused by a private person, would not render ..... i think it may possibly lead to mis-understanding to seek guidance from the english decisions, except in so far as it is necessary to explain ambiguous provisions of the indian statute which seems to have been an attempt to to codify the ..... lord campbell in in ..... it was held by the house of lords that the jury was correct in awarding the further sum as compensation might be awarded for damage to be sustained by reason of the injuriously affecting the appellants' other lands, not only by ..... re-affirmed by lord chelmsford in ..... in this case lord penzance said:there are many things which a man may do on his own land with impunity, though they seriously affect the comfort, convenience, and even pecuniary value which .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All557
..... taluqdar's death the natural inference is that the purchase was a benami transaction; a dealing common to hindus and muhammadans alike, and much in use in india; it is quite unobjectionable and has a curious resemblance to the doctrine of our english law that the trust of the legal estate results to the man who pays the purchase money, and this again follows the analogy of our common law, that where a feoffment is made without consideration ..... section 116 of the indian evidence act is perfectly clear on the point, and rests on the principle well established by many english cases, that a tenant who has been let into possession cannot deny his landlord's title, however defective it may be, so long as he has not openly restored possession by surrender to his landlord. ..... the general rule in india in the absence of all other relevant circumstances is thus stated by lord campbell in dhurm das pandey v. ..... 'whether any acts or omissions by any of the parties after the death of the taluqdar could affect the nature of the benami transaction as it stood at his death it is unnecessary to consider, for their lordships are of opinion that nothing has been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All41; (1921)ILR43All427
..... insolvent, or at any rate under his disposition, it necessarily became the property of the receiver; but it is clear that the appellants are within the protection of section 55 of the act, which protects all transactions, unless of course they are in themselves acts of insolvency or fraudulent preferences, entered into with the insolvent by third persona for valuable consideration and bond fide, namely, bond fide in the sense that the person with whom ..... the actual language of the section is taken verbatim from the english bankruptcy acts and has been unaltered since the year 1869 down to the ..... la england it is sufficient to avoid a transaction of this kind to show that rodwell was known by the creditor to have committed an act of insolvency, which he undoubtedly had, by transferring the whole of his assets to chuttan lal; but in india it has to be shown that there was notice of the act of presentation of the petition; and inasmuch as no petition was presented up to the 1st of september, some six weeks after the transaction assailed in this case, no objection to the transaction ..... section differs very materially from the correlative section in the english act, and differs in favour of the person contracting with the ..... that dictum was approved by the lord chancellor in the house of lords, and lord macnaghten used this expression in the course of his judgment: 'i doubt whether the debtor had any intention of preferring creditors think he only ..... in the house of lords under the name sharp .....
Tag this Judgment!Court : Allahabad
Reported in : 62Ind.Cas.732
..... property of the insolvent or at any rate under his disposition, it necessarily became the property of the receiver; but it is clear that the appellants are within the protection of section 55 of the act, which protests all transactions, unless of course they are in themselves acts of insolvency or fraudulent preference, entered into with the insolvent by third persons for valuable consideration and bona fide, namely, bona fide in the sense, that the person with whom ..... , which he undoubtedly had, by transferring the whole of his assets to chuttan lal, but in india it has to be shown that there was notice of the act of presentation of the petition; and inasmuch as no petition was presented up to the 1st of september, some six weeks after the transaction assailed in this case, no objection to the transaction would lie under that section, it is a pity, but it ..... the actual language of the section is taken verbatim from the english bankruptcy acts and has been unaltered since the year 1869 down to the present date. ..... that section differs very materially from the correlative section in the english act, and differs in favour of the person contracting with the insolvent. ..... that dictum was approved by the lord chancellor in the house of lords and lord macnaghten used this expression in the course of his judgment:i doubt whether the debtor had any intention of preferring creditors, i think he only regarded himself. ..... 269 : 4 manson 103 affirmed in the house of lords under the name of sharp v. .....
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